Wp(C)/6040/2020 Of Sreevalsam Gold And Diamonds Private Ltd v. The Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE S.V.BHATTI FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941WP(C).No.6040 OF 2020(D) PETITIONER: SREEVALSAM GOLD AND DIAMONDS PRIVATE LTDSREEVALSAM BUILDING, M.C.ROAD, PANDALAM, PATHANAMTHITTA-689 501, REPRESENTED BY ITS DIRECTOR SHRI.VARUN RAJ. BY ADVS.SRI.S.MUHAMMED HANEEFFSRI.M.H.ASIF ALI RESPONDENTS: BY SRI. JOSE JOSEPH, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON28.02.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.6040 OF 2020(D) 2 JUDGMENT Dated this the 28th day of February 2020 The petitioner filed appeal in Ext.P2 aggrieved by the order of assessment in Ext.P1 made under theIncome Tax Act. The petitioner has filed the appealalong with Ext.P3 stay petition. The petitioner prays forappropriate direction to the appellate authority toconsider and dispose of Ext.P3 expeditiously. 2. The case of petitioner is that either the mere filing of appeal or pendency of appeal does not amountto granting stay by the appellate authority. The delayin considering and disposing of Ext.P3 stay petitionresults in the assessing officer taking steps forrecovering the tax amount which is under challenge inExt.P2. The assessing officer, if is successful in hiseffort the statutory appeal would become eitheracademic or ineffective. It is further contended by thepetitioner that in the manner the law provides forprotecting the interest of appellant pending appeal, theorder on stay petition is passed expeditiously. Hence DCS the writ petition. 3. Perused Exts. P1, P2 and P3. Prima facie I am satisfied that a case is made out for issuing necessarydirections to second respondent to dispose of the staypetition in Ext.P3. Having regard to the limited prayer and the grounds referred to above, this Court is satisfied thatthe writ petition can be disposed of by this order: (a)Theappellateauthority/secondrespondent considers and disposes of Ext.P3stay petition as early as possible, preferablywithin two months from the date of receipt ofcopy of this judgment. (b)The respondents are directed not to takecoercive steps or recover the amountdetermined in the orders under appeal for tenweeks from today. SD/- S.V.BHATTIJUDGE APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ASSESSMENT ORDER DATED 28.12.2019 PASSED BY THE 1ST RESPONDENT FORAY 2018-19 ALONG WITH DEMAND NOTICE AND COMPUTATION IN INCOME. EXHIBIT P2 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED21.01.2020 FOR AY 2018-19 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P3 TRUE COPY OF THE STAY PETITION DATED 01.02.2020 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT FOR AY 2018-19.